It was alleged that the Former Member breached the Code of Conduct (“the Code”) during a Council meeting held on 19 December 2023 (“the Meeting”). Complainant A (202307874) and Complainant B (202309450) alleged that the Former Member had failed to follow One Voice Wales advice (an organisation representing town and community councils in Wales) by discussing a complaint made to the Ombudsman which was not on the agenda, failed to listen to the Chair despite her asking him to stop speaking and leave the Meeting, and made inappropriate comments about the Chair during an open section of the Meeting. In addition, Complainant B alleged that during the Meeting, the Former Member disclosed confidential information about the Clerk and the complaint to the Ombudsman.
Our investigation considered whether the Former Member failed to comply with the following provisions of the Code:
• 4(b) – You must show respect and consideration for others
• 4(c) – You must not use bullying behaviour or harass any person
• 5(a) – You must not disclose confidential information
• 6(1)(a) – You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute.
All relevant information was obtained from the Council. Witnesses, including the Complainants, the Clerk and other members present at the Meeting were interviewed. The Former Member was also interviewed and his written responses to the complaints (both pre and post interview) were considered.
The Ombudsman found that the evidence suggested that the Former Member had likely shown disrespectful behaviour towards the Chair and disclosed confidential information at the Meeting, that was suggestive of breaches under paragraph 4(b) – disrespect, 5(a) – breach of confidentiality and 6(1)(a) – disrepute, of the Code. However, the Former Member’s conduct did not justify a finding under paragraph 4(c) – bullying, of the Code.
The Ombudsman concluded that no further action was required in the public interest. The confidentiality breach was not a serious breach of the Code. During the final stages of our investigation, the Former Member’s resigned, which brought an end to his position of trust and influence at the Council.
Had the Former Member continued to serve on the Council, and were it not for the personal impact that the investigations had on his health and well-being, based on the information we had gathered, we would likely have referred the Former Member’s conduct to a Standards Committee for determination. The Former Member was advised that, should he once again become a member, and if similar conduct concerns are received, these complaints may be taken into consideration when determining our
course of action.